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ANDHRA PRADESH REGULATION AND PENALIZATION OF BUILDINGS CONSTRUCTED UNAUTHORIZEDLY AND IN DEVIATION OF THE SANCTIONED PLAN RULES, 2015

ANDHRA PRADESH REGULATION AND PENALIZATION OF BUILDINGS CONSTRUCTED UNAUTHORIZEDLY AND IN DEVIATION OF THE SANCTIONED PLAN RULES, 2015

ANDHRA PRADESH REGULATION AND PENALIZATION OF BUILDINGS CONSTRUCTED UNAUTHORIZEDLY AND IN DEVIATION OF THE SANCTIONED PLAN RULES, 2015

 

PREAMBLE

(1)     The Government had notified the Andhra Pradesh Regulation and Penalization of unauthorizedly constructed buildings and buildings constructed in deviation of the Sanctioned Plan Rules, 2007 as in reference 1st read above.

(2)     Further, the Municipal Commissioners and Vice-Chairmen of Urban Development Authorities and Commissioner, Capital Region Development Authority have been mandated to regulate and penalize the buildings constructed unauthorizedly and in deviation to sanctioned plan as on 31-12-2014 as a one-time measure in reference 3rd cited.

(3)     Government have decided to issue the Andhra Pradesh Regulation and Penalization of Buildings Constructed unauthorizedly and in deviation of the Sanctioned Plan Rules, 2015 to implement the legislative intent in reference 3rd cited and in supersession of rules notified in G.O.Ms.No. 901, MA&UD (M1) Dept., dated 31-12-2007.

(4)     Accordingly, the following Notification will be published in Extraordinary issue of the Andhra Pradesh Gazette dated 22-05-2015.

In exercise of the powers conferred by Section 455-AA of the Greater Hyderabad Municipal Corporation Act, 1955, Section 218-A of the Andhra Pradesh Municipalities Act, 1965, Section 46-A of the Andhra Pradesh Urban Areas (Development) Act, 1975, and Section 108A of the Andhra Pradesh Capital Region Development Authority Act, 2014 and in supersession of the Andhra Pradesh Regulation and Penalization of unauthorisedly constructed building and buildings constructed in deviation of the sanctioned plan Rules, 2007 issued in G.O.Ms. No. 901 MA & UD, dated 31-12-2007, the Government of Andhra Pradesh hereby make the following Rules.

Rule - 1. Short Title, Application and Commencement.

(1)     These rules may be called The Andhra Pradesh Regulation and Penalization of Buildings Constructed Unauthorizedly and In Deviation of the Sanctioned Plan Rules, 2015".

(2)     They shall be applicable to the existing buildings constructed after 1-1-1985 and before 31-12-2014 in the jurisdiction of all Nagar Panchayats, Municipalities, Municipal Corporations, in the case of Gram Panchayats falling in Urban Development Authorities and in the case of Gram Panchayats falling in the 'Capital Region' except those included in the 'Capital City Area' of Capital Region Development Authority in Andhra Pradesh.

(3)     They shall come into force from the date of publication of the Notification in the Andhra Pradesh Gazette.

Rule - 2. Definitions.

(1)     "Authorized Technical Personnel" means professionals authorized by the Competent Authority to take up scrutiny of the Application made for Regulation and Penalization under these Rules;

(2)     "Competent Authority" means the Municipal Commissioners in case of areas falling in Urban Local Bodies, the Vice Chairmen in case of Gram Panchayats falling under Urban Development Authorities and the Commissioner of the Andhra Pradesh Capital Region Development Authority in case of Gram Panchayats falling in the 'Capital Region' except those included in the 'Capital City Area' of Capital Region Development Authority;

(3)     Total built up area" means the entire built up area covered in the building including common areas and balconies on all floors; and

(4)     "Unauthorized construction" means any building that has been constructed in violation of the sanctioned building plan or without obtaining a building permission from the sanctioning authority.

Rule - 3. Compulsory Application for Penalization.

(1)     The application for Regulation and Penalization of Buildings constructed unauthorizedly shall be made through online only. The URL of the website for applying is "www.bps.ap.gov.in".

(2)     The application shall be uploaded in the online Building Penalization Scheme Module of the respective Urban Local Body, Urban Development Authority and Capital Region Development Authority from 27-05-2015 onwards.

(3)     An Application for regulation and-penalization of the existing buildings constructed unauthorizedly shall be compulsorily made by the Owner/General Power Attorney/Registered Association to the Competent Authority or officer authorized by him in the prescribed proforma along with declaration, self computing table, copy of sanctioned building plan, if any, a clear latest photograph of the building, copy of document of ownership title, Indemnity Bond and three sets of drawings showing the sanctioned area and violated area of the building/complex and in case of totally unauthorized constructions the total built up area along with the site plan.

(4)     The format of Application, self computing tables, indemnity bond and list of documents to be submitted along with application are given in Annexure-I.

(5)     The applicant shall get the plans prepared duly scrutinized by the Licensed Technical Personnel who shall undertake the field inspection for the purpose.

(6)     The application shall be filed within sixty days from the date of Notification of these rules along with the prescribed penal amount as given in Rule 5.

(7)     If any owner/individual fails to apply within the stipulated time, he shall be liable for enforcement action under the law and the buildings constructed unauthorizedly and in deviation of the sanctioned plan shall also be liable for enforcement action under the Law and such buildings shall not be taken up for regulation and penalization under these rules.

(8)     Necessary certificate from the Licensed Structural Engineer with regard to structural safety compliance of all buildings shall be submitted along with the Application for regulation and penalization of the buildings.

Rule - 4. Prior clearance from other Authorities/Departments in certain cases.

(1)     In the following cases, prior clearance shall be obtained by the Applicants from the concerned Authorities before considering the application under these Rules by the Competent Authority.

(a)      In respect of cases of residential buildings with 18 mtrs and above in height, Commercial buildings above 15 mtrs in height, and buildings of public congregation like schools, Cinema theatres, function halls and other assembly buildings on plot area of 500 sq.m. and above or of height above 6 mtrs as stipulated in Section 13 of the Andhra Pradesh Fire Service Act, 1999 from the Andhra Pradesh State Disaster Response & Fire Services Department.

(b)      From Airport Authority of India wherever applicable.

(2)     Applicants shall submit such applications along with the above details within the stipulated time. However, an additional time period of three months will be allowed for filing the clearances as required under Rule 4 (1) (a) and Rule 4(1) (b) of these rules.

Rule - 5. Payment of Penal Charges.

(1)     All Penal Charges payable under these rules shall be payable through online payment instruments such as Credit Cards, Debit Cards and Net Banking only through the website specified in Rule 3(1).

(2)     The penal charges payable are specified in Annexure II to V of these Rules. The penal charges are levied for the total violated built up area on all floors. The penal charges include building permit fee, development charges, betterment charges, impact fees, etc. No other fees and charges shall be levied and collected.

(3)     The Owner/Applicant shall pay an initial amount of `10,000 [Rupees Ten Thousand Only] along with application and shall pay the balance penal charges on intimation by the Competent Authority within (30) days from the date of intimation. Alternatively, the Owner/Applicant may also pay the total penal charges in full as per the Rules along with self-computation table enclosed to the application.

(4)     The Penal amounts paid are not refundable. However, in cases of rejection, the Competent Authority may refund the amount after retaining 10% of the penal amount towards scrutiny and processing charges. In case of bona fide error in calculation, the excess amount paid may be refunded.

(5)     Buildings constructed prior to 31-12-1997 are eligible for reduction of 25% on penalization charges. In these cases property tax receipt showing payment made prior to 31-12-1997 shall be attached to the application.

(6)     In case of residential buildings falling in notified slums, only 50% of penalization charges shall be levied.

Rule - 6.

The procedure for submission of applications mentioned in Rule 3(1) of these rules and payment of penal charges mentioned in Rule 5(1) of these rules is attached in Annexure-II-A.

Rule - 7. Penalization not to apply to certain sites.

Penalization of unauthorized constructions shall not be considered in the following cases and in cases where public interest and public safety are likely to be adversely affected, viz..

(a)      Encroachment on Government land or property belonging to Public undertakings, Andhra Pradesh Housing Board, Andhra Pradesh Industrial Infrastructure Corporation, Urban Development Authority, Local body, Endowments, Wakf Board, etc.;

(b)      Land for which the applicant has no title;

(c)      Surplus land declared under Urban Land Ceiling/Agriculture Land Ceiling/lands resumed under the Andhra Pradesh Assigned Lands (POT) Act;

(d)      Buildings affected under alignment of any road or proposed road under Master Plan/Zonal Development Plan/Road Development Plan or any other public roads/Mass Rapid Transportation System (MRTS)/Bus Rapid Transportation System (BRTS) except buildings constructed in road widening areas as stated in Rule 9;

(e)      Tank bed and Sikham lands;

(f)       Prohibited areas under the Coastal Regulation Zone and such other environmentally restricted zones as may be prescribed;

(g)      Layout/Master Plan open spaces/Areas earmarked for Recreation Use in Master Plan/Zonal Development Plan;

(h)     Buildings that are not in conformity with land use approved in Master Plan/Zonal Development Plan;

(i)       Sites under legal litigation/disputes regarding ownership of the site/building;

(j)       Area earmarked for parking as per sanctioned plan;

(k)      Unauthorized constructions without any building sanction in unapproved/unauthorized layouts.

(l)       Buildings falling in 'Capital City Area' of Capital Region Development Authority Area.

Rule - 8. Exemption.

Huts, semi-permanent houses and RCC houses up to two storeys (G+1) in sites up to 100 sq.m. are exempted from operation of these rules.

Rule - 9. Buildings constructed in road widening areas.

In case of constructions made within the building line of major roads of width 80 feet and above within the limits of Greater Visakhapatnam Municipal Corporation, and Vijayawada Municipal Corporation and roads of width 60 feet and above in rest of the urban areas as per Master Plan/Zonal Development Plan/Road Development Plan, the regulation and penalization shall be done subject to the property owner furnishing a legally enforceable undertaking as given in Annexure VI that he will surrender the land and structures falling within the building line to Local Body/Urban Development Authority/Capital Region Development Authority free of cost as and when required in future for road widening. The undertaking to be submitted is given in Annexure-VI.

Rule - 10. Violation after submission of Application.

During verification, if it is found that the applicant has undertaken further additions or extensions to the existing building after submitting the application, then such application shall be summarily rejected duly forfeiting the entire penal amount and necessary action shall be taken against the unauthorized building including demolition as per the Law

Rule - 11. Scrutiny, Rejection and Approval by the Competent Authority.

After receipt of the Application for penalization in the prescribed proforma along with required documents and plans, the Competent Authority shall scrutinize the application and after carrying out necessary site inspection, communicate its approval or rejection to the applicant as early as possible but not beyond six months from the last date of receipt of Applications. Mere receipt of application or any delay in communication of final orders in the matter will not imply the approval of the application.

Rule - 12. Issue of proceedings showing Regulation and Penalization of the Building and Occupancy Certificate.

In case of approval, the Competent Authority shall issue proceedings to the effect that all proceedings and action of enforcement initiated or contemplated against the said construction are withdrawn and also stating that the building is regulated and penalized under these rules and also issue Occupancy Certificate to the applicant. The format of the proceedings to be issued in the matter is given in Annexure VII.

Rule - 13. Appeal.

(i)       Any applicant aggrieved by an order passed by the Competent Authority under Rule 11, may prefer an appeal to the committee constituted by the Government within thirty days from the date of receipt of the order provided the applicant has paid the necessary charges and submitted documents as specified in Rule 3 of these rules.

(ii)      All the appeals shall be disposed off within 3 months.

Rule - 14. Failure to come forward for penalization of unauthorized constructions.

Where an application for regulating and penalizing the unauthorisedly constructed building has not been made as per Rule 3,

(a)      such unauthorized constructions would be treated as continuing offence and penalty as per Law would be levied;

(b)      Other enforcement action including demolition shall be initiated by the competent authority as per law;

(c)      No further building approvals shall be considered by the building sanctioning authority in the said site;

(d)      The builder/developer responsible for constructing the building unauthorisedly or in deviation to the sanctioned plans shall be blacklisted;

Rule - 15. Amount collected to be kept in separate account.

The amount collected by the Competent Authority under these rules shall be kept and maintained under the control of the Competent Authority in a separate account and utilized only for improvement of amenities.

In respect of Gram Panchayats, Nagar Panchayats, Municipalities and Corporations falling in the Urban Development Authority area or Capital Region Development Authority area, the penal amount so collected will be shared in equal proportion between Urban Development Authority/Capital Region Development Authority and Gram Panchayats, Nagar Panchayats, Municipalities and Corporations concerned.

Rule - 16. Constitution of Committee.

Government will issue separate orders constituting Appellate Committee for disposal of appeals under Rule 13.

Rule - 17.

Government may issue guidelines to operationalize these rules.

Rule - 18.

All existing rules, Regulations, Bye-laws and Orders that are in conflict or inconsistent with these rules shall stand modified to the extent of the provisions of these rules.

Rule - 19. Annexure-I to VII are attached to these rules.

List of Annexure to The Andhra Pradesh Regulation and Penalization of Buildings Constructed Unauthorizedly and In Deviation of the Sanctioned Plan Rules. 2015"

Annexure-I

Application for penalization of buildings constructed unauthorizedly and in deviation of the sanctioned plan [BPS]

Annexure-II

Basic penalization charges for individual residential buildings other noncommercial uses and commercial uses [per square feet in rupees]

Annexure-II-A:

Procedure for submission of applications and payment of penal charges through online

Annexure-III

Penalization charges with reference to the land value for individual residential buildings, other non-commercial uses and commercial uses

Annexure-IV

Basic penalization charges for multiple dwelling units/flats/apartment complexes/Individual building converted into apartments

Annexure-V

Penalization charges with reference to the land value for Multiple dwelling units/flats/apartment complexes/Individual building converted into apartments

Annexure-VI

Road widening undertaking

Annexure-VI-A:

Structural Stability Certificate

Annexure-VII:

Proceedings of the Commissioner/Vice-Chairman of Nagar Panchayat/Municipality/Municipal Corporation/Urban Development Authority/Andhra Pradesh Capital Region Development Authority